[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8705 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8705
To require the Administrator of the National Oceanic and Atmospheric
Administration to reform the Marine Recreational Information Program of
the National Marine Fisheries Service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2024
Mr. Graves of Louisiana introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To require the Administrator of the National Oceanic and Atmospheric
Administration to reform the Marine Recreational Information Program of
the National Marine Fisheries Service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fisheries Data Modernization and
Accuracy Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration, acting through the Director of the National
Marine Fisheries Service.
(2) Fishery.--The term ``fishery'' has the meaning given
the term in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802).
(3) Independent entity.--The term ``independent entity''--
(A) means an entity that--
(i) is not a unit of the National Oceanic
and Atmospheric Administration; and
(ii) has expertise in areas of science
related to fishery stock assessments; and
(B) includes--
(i) the National Academies of Sciences,
Engineering, and Medicine; and
(ii) an institution of higher education (as
such term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)).
(4) MRIP.--The term ``MRIP'' means the Marine Recreational
Information Program of the National Marine Fisheries Service.
(5) National academies.--The term ``National Academies''
means the National Academies of Sciences, Engineering, and
Medicine.
(6) PSE.--The term ``PSE'' means the percent standard
error.
(7) Pulse species.--The term ``pulse species'' means a
species that, due to regulatory constraints or the movement or
availability of the species on a seasonal basis--
(A) is caught--
(i) on an intermittent or infrequent basis;
or
(ii) only during an abbreviated timeframe;
and
(B) is likely not sampled in a representative
manner by data collected through the MRIP.
(8) Regional fishery management council.--The term
``Regional Fishery Management Council'' means a Regional
Fishery Management Council established under section 302 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1852).
(9) Regional state fisheries commission.--The term
``regional State fisheries commission'' means each of--
(A) the Atlantic States Marine Fisheries
Commission;
(B) the Gulf States Marine Fisheries Commission;
and
(C) the Pacific States Marine Fisheries Commission.
(10) Scientific and statistical committee.--The term
``scientific and statistical committee'' means a scientific and
statistical committee established pursuant to section 302(g) of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1852(g)).
(11) Seasonal fishery.--The term ``seasonal fishery'' means
a fishery--
(A) that is subject to an annual closed season; or
(B) that may be affected by in- or post-season
accountability measures that result in fishing or
harvest closures.
(12) Standing committee.--The term ``standing committee''
means the standing committee established pursuant to section
2(b)(1).
(13) Stock of fish.--The term ``stock of fish'' has the
meaning given the term in section 3 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1802).
(14) Wave.--The term ``wave'' means the shortest period in
which MRIP data are aggregated and reported for use in
management decisions.
SEC. 3. RECREATIONAL FISHING DATA COLLECTION REFORM.
(a) In General.--The Administrator shall reform the MRIP in effect
as of the date of the enactment of this section to meet the unique
needs of individual regions and States, taking into consideration the
needs of State-level programs related to recreational fishing catch and
effort surveys in effect as of the date of the enactment of this
section to ensure that such reform does not unnecessarily dilute the
effectiveness of such programs.
(b) National Academies.--
(1) Standing committee.--
(A) In general.--The Administrator shall enter into
an agreement with the National Academies to establish a
standing committee within the National Academies that
shall meet regularly to discuss issues related to
recreational fisheries data collection and management.
(B) Independence.--In carrying out this subsection,
the standing committee shall operate independently and
without the influence of the Administrator.
(C) Composition.--The standing committee shall
include individuals who are experts in recreational
fisheries data collection and management, including
representatives from State fish and wildlife agencies.
(2) Consultation regarding pse.--
(A) In general.--If the PSE for data collected
through the MRIP for a given seasonal fishery reaches
or exceeds 30 percent in a given wave, or if a State
submits a petition with respect to a given seasonal
fishery under paragraph (4), the Administrator shall
consult with the standing committee regarding options--
(i) to reduce the PSE of such seasonal
fishery; or
(ii) if reducing the PSE is not
practicable, to adjust the management of such
seasonal fishery, including by using the
management approaches described in section
302(h)(8) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1852(h)(8)) or multi-year annual catch limits.
(B) Report.--After the Administrator consults with
the standing committee under subparagraph (A) with
respect to a seasonal fishery described in that
subparagraph, the Administrator shall, not later than 6
months after the date on which either the PSE for data
collected through the MRIP for such seasonal fishery
exceeds 30 percent in a given wave or the Administrator
receives a petition submitted by a State under
paragraph (4), publish a report specifying--
(i) the options considered under that
subparagraph (A);
(ii) the recommendation of the
Administrator regarding how--
(I) to reduce the PSE for data
collected through the MRIP for such
seasonal fishery; or
(II) to adjust the management of
such seasonal fishery in a manner that
allows continued access and considers
recommendations contained in the report
submitted to Congress under section 102
of the Modernizing Recreational
Fisheries Management Act of 2018
(Public Law 115-405); and
(iii) the reasoning, written in a manner
easily understood by the public, for giving
such recommendation.
(C) Regional fishery management council.--If the
Administrator publishes a report under subparagraph (B)
with respect to a seasonal fishery described in
subparagraph (A), the Administrator shall send such
report to the relevant Regional Fishery Management
Council for consideration.
(3) Consideration.--In carrying out paragraphs (1) and (2),
the Administrator and the standing committee shall consider
issues including the following:
(A) Whether the data collected through the MRIP is
appropriate and useful for management decisions,
including options to improve data collection methods.
(B) The extent to which existing and potential data
collection options are--
(i) burdensome to anglers; and
(ii) an efficient or appropriate use of
resources.
(C) Whether and to what extent specific
recommendations from the report published by the
National Academies titled ``Data and Management
Strategies for Recreational Fisheries with Annual Catch
Limits'' (2021) and other relevant National Academies
activities can and should be applied in light of the
particular context of the fishery being considered.
(4) Petition to initiate consultation.--A State may submit
to the Administrator a petition for the Administrator to
initiate the consultation process under paragraph (2) with
respect to a given seasonal fishery if--
(A) the PSE for data collected through the MRIP for
such seasonal fishery is--
(i) significantly greater or less than the
preceding 3-year average PSE for such seasonal
fishery; or
(ii) substantially greater than the PSE for
data collected through State surveys for such
seasonal fishery; or
(B) data collected through the MRIP for such
seasonal fishery is unreliable because the stock of
fish of such seasonal fishery is--
(i) infrequently encountered through MRIP
surveys; or
(ii) a pulse species.
(5) Combined reports.--In carrying out this subsection, the
Administrator may carry out a single consultation with the
standing committee under paragraph (2) with respect to 2 or
more species if the Administrator and the standing committee
jointly determine the underlying issues that triggered the
consultation are highly similar.
(c) Rule of Construction.--Nothing in this section may be construed
to override the role of the scientific and statistical committees in
advising the Regional Fishery Management Councils regarding
recommendations developed pursuant to this section.
SEC. 4. STATE RECREATIONAL FISHERY CATCH AND EFFORT DATA COLLECTION.
(a) State Recreational Fishery Catch and Effort Data Collection
Program.--
(1) In general.--A State may, subject to the approval of
the Administrator, carry out a program within the waters of
such State and Federal waters to collect recreational fishing
catch and effort data for individual, or sets, of species that
are federally managed.
(2) Requirements.--If a State carries out a program under
paragraph (1), the head of such program shall--
(A) ensure that such program complies with
paragraph (3);
(B) collect recreational fishery catch and effort
data with respect to such State;
(C) report such data that is necessary for Federal
management to the Administrator in a manner and
timeliness that complies with section 401 of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1881); and
(D) take into consideration the burden of such
program to the average angler such that such program is
not overly burdensome to the point that substantial
noncompliance would be expected.
(3) Data requirements.--The Administrator, in consultation
with the regional State fisheries commissions, shall, with
respect to data collected through a recreational fishery catch
and effort data collection program of a State carried out under
this subsection--
(A) establish universal standards regarding the
collection of such data, including ensuring that such
standards--
(i) allow for flexibility in the design of
such programs to account for differences in
recreational fishing activity between States;
and
(ii) facilitate the collection of
comparable data between States within a region
for the purposes of stock assessments and
management;
(B) establish such data as the baseline for the
calibration of historic estimates of recreational
catch; and
(C) use such data to establish catch limits and
monitor landings without calibration to any Federal
program, including the MRIP.
(4) Use of state data.--
(A) In general.--Data collected through a State
program carried out under this subsection may be used
in Federal stock assessments and regulatory actions.
(B) MRIP.--If a State collects data pursuant to
this subsection that is collected pursuant to the MRIP,
the Administrator shall use the data collected by the
State in place of the data collected pursuant to the
MRIP.
(5) Subsequent funding.--Upon approval by the Administrator
of a recreational fishery catch and effort data collection
program of a State under paragraph (1), funding previously
allocated to such State for the collection of recreational
fishery catch and effort data through the MRIP shall continue
to be allocated to such State for such State to carry out such
program of the State.
(b) Grant Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Administrator shall
establish and carry out a grant program to award amounts to
States to develop, with respect to each such State, a new, or
improve an existing, program described in subsection (a).
(2) Applications.--To be eligible for a grant under this
subsection, a State shall submit to the Administrator an
application in such form, at such time, and containing such
information as the Administrator determines appropriate.
(3) Use of funds.--A State that is awarded a grant under
this subsection shall use such award--
(A) to support the development or improvement of a
program described in subsection (a) of such State;
(B) to enhance the timeliness of reporting by such
State of data collected by such State through such
program; and
(C) to increase the accuracy and precision of the
data collected by such State pursuant to such program.
(4) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to applications--
(A) based on the ability of the award to reduce the
uncertainty of data collected through the MRIP,
including with respect to--
(i) economically or socially important
species;
(ii) species a fishery of which is at risk
of closure; and
(iii) species a fishery of which is at risk
of closing another fishery because the
management of both fisheries are intermingled;
and
(B) that would alter or improve an existing State
program carried out under subsection (a) to meet the
requirements under subsection (a)(3).
(c) Report.--On the date that is 2 years after the date of the
enactment of this section, and biennially thereafter, the Administrator
shall submit to the appropriate congressional committees and make
publicly available a report regarding the implementation of this
section that includes--
(1) the number of States that have participated in the
grant program established under subsection (b);
(2) a description of each State recreational fishery catch
and effort data collection program;
(3) a description of how the Administrator incorporates
data collected pursuant to each such program in fishery stock
assessments, fishery management decisions, and catch
monitoring; and
(4) an analysis regarding the improvement in data precision
and the accuracy of data collected pursuant to each such
program compared to data collected through the MRIP.
(d) Rule of Construction.--Nothing in this section may be construed
to negate, uncertify, or otherwise undo existing State programs to
collect recreational fishing catch and effort data.
SEC. 5. HEALTHY FISHERIES THROUGH BETTER SCIENCE.
(a) Definition of Stock Assessment.--Section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) is
amended--
(1) by redesignating paragraphs (43) through (50) as
paragraphs (44) through (51), respectively;
(2) by inserting after paragraph (42) the following:
``(43) The term `stock assessment' means an evaluation of
the past, present, and future status of a stock of fish,
including--
``(A) a range of life history characteristics for
such stock of fish, including, to the extent
practicable--
``(i) the geographical boundaries of such
stock of fish; and
``(ii) information regarding age, growth,
natural mortality, sexual maturity and
reproduction, feeding habits, and habitat
preferences of such stock of fish; and
``(B) fishing for the stock of fish.''; and
(3) by redesignating the second paragraph (33) as paragraph
(52).
(b) Stock Assessment Plan.--
(1) In general.--Section 404 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1881c) is
amended by adding at the end the following:
``(f) Stock Assessment Plan.--
``(1) In general.--The Secretary shall develop and publish
in the Federal Register, on the same schedule as required for
each strategic plan required under subsection (b), a plan to
conduct stock assessments for priority stocks of fish for which
a fishery management plan is in effect under this Act.
``(2) Contents.--Each plan described in paragraph (1)
shall--
``(A) for each priority stock of fish for which a
stock assessment has previously been conducted--
``(i) establish a schedule for updating the
stock assessment that is reasonable given the
biology and characteristics of the stock of
fish; and
``(ii) subject to the availability of
appropriations, require completion of a new
stock assessment, or an update of the most
recent stock assessment--
``(I) every 5 years; or
``(II) within such other time
period specified and justified by the
Secretary in the plan;
``(B) for each priority stock of fish for which a
stock assessment has not previously been conducted--
``(i) establish a schedule for conducting
an initial stock assessment that is reasonable
given the biology and characteristics of the
stock; and
``(ii) subject to the availability of
appropriations, require completion of the
initial stock assessment not later than 3 years
after the date on which the plan is published
in the Federal Register unless another time
period is specified and justified by the
Secretary in the plan; and
``(C)(i) identify data and analysis, including both
data and analysis that is and is not available at the
time the plan is prepared, that would reduce the
uncertainty, improve the accuracy, and increase the
efficiency of future stock assessments; and
``(ii) with respect to data and analysis identified
under clause (i), determine whether such data and
analysis could be provided by fishermen, fishing
communities, universities, and research institutions,
to the extent that the use of such data would be
consistent with the requirements in section 301(a)(2).
``(3) Waiver of stock assessment requirement.--
Notwithstanding subparagraphs (A)(ii) and (B)(ii) of paragraph
(2), a stock assessment is not required for a stock of fish in
the plan described in paragraph (1) if the Secretary determines
that such stock assessment is not necessary and justifies such
determination in the Federal Register notice required by this
subsection.''.
(2) Deadline.--Notwithstanding section 404(f)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1881c(f)(1)), as added by this section, the Secretary of
Commerce shall issue the first stock assessment plan under
section 404(f) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881c(f)), as added by this section,
not later than 2 years after the date of the enactment of this
section.
SEC. 6. FISHERY-INDEPENDENT SURVEYS BY INDEPENDENT ENTITIES.
(a) In General.--The Administrator shall establish a program to
enter into contracts with independent entities on a competitive basis
under which such independent entities shall conduct fishery-independent
surveys designed to estimate the absolute abundance of stocks of fish
included in the Fish Stock Sustainability Index on behalf of the
Administrator.
(b) Applications.--To be eligible to enter into a contract under
the program established under subsection (a), an independent entity
shall submit to the Administrator an application in such form, at such
time, and containing such information as the Administrator determines
appropriate, including evidence of the following:
(1) Use by the independent entity of modern or cutting-edge
science.
(2) The ability of the independent entity to handle data in
a reliable manner.
(c) Use of Data.--Upon favorable peer review, the Administrator, in
consultation with the relevant scientific and statistical committees
and independent entity and with consideration of the report submitted
under section 7, shall incorporate data collected pursuant to a
fishery-independent abundance survey conducted by an independent entity
under the program established under subsection (a) in management
decisions.
(d) Report.--The Administrator shall annually submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report regarding the findings of surveys conducted pursuant to this
section and the incorporation of the results of such surveys in
management decisions pursuant to subsection (c).
SEC. 7. REPORT.
Not later than 1 year after the date of the enactment of this
section, the National Academies, in consultation with the Harte
Research Institute for Gulf of Mexico Studies, shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate and
make publicly available a report regarding--
(1) the incorporation of the results of the study titled
``Estimating the Absolute Abundance of Age-2+ Red Snapper
(Lutjanus campechanus) in the U.S. Gulf of Mexico'' (August 16,
2021) in management decisions of the National Marine Fisheries
Service; and
(2) recommendations regarding the incorporation of data
collected pursuant to section 6 in management decisions of the
National Marine Fisheries Service.
SEC. 8. TRANSPARENCY AND PUBLIC PROCESS.
(a) Advice.--Section 302(g)(1)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(g)(1)(B)) is amended by
adding at the end the following: ``Each scientific and statistical
committee shall develop such advice in a transparent manner and allow
for public involvement in the process.''.
(b) Meetings.--Section 302(i)(2) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(i)(2)) is amended by
adding at the end the following:
``(G) Each Council shall make available on the Internet
website of the Council--
``(i) with respect to each meeting of the Council
and Council coordination committee established under
subsection (l) that is not closed in accordance with
paragraph (3), to the extent practicable, a Webcast,
live audio recording, or live broadcast of each such
meeting; and
``(ii) with respect to each meeting of the Council
and of the scientific and statistical committee
established by the Council under subsection (g)(1)(A)
that is not closed in accordance with paragraph (3), by
not later than 30 days after the conclusion of each
such meeting, an audio or video (if the meeting was
held in person or by video conference) recording or a
searchable audio or written transcript of each such
meeting.
``(H) The Secretary shall maintain and make available to
the public an archive of each recording and transcript made
available under subparagraph (G).''.
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